Perley v. North Carolina

Background

The dispute involved the City of Asheville, which owned a large watershed, and several people who owned standing and fallen timber near that watershed. A North Carolina law required anyone who cut or removed timber within 400 feet of a city water watershed to remove or burn tree-tops, boughs, and other leftover material within three months, or sooner on notice. The timber owners were indicted under the law, argued it violated their constitutional rights (due process and equal protection), and were found guilty, fined, and affirmed by the State Supreme Court.

Reasoning

The central question was whether the law was a reasonable way to protect municipal water supplies from damage, especially by fires caused by leftover logging debris. The Court accepted the State’s judgment that tree-tops and brush left after cutting can dry out and start fires that would threaten watersheds. It said the law was not an arbitrary exercise of power, gave deference to the legislature’s judgment, and rejected the argument that treating individuals differently from public bodies was unconstitutional.

Real world impact

Because the law was upheld, owners of timber near city watersheds can be required to remove or burn cutting debris to reduce fire risk and protect water supplies, or face misdemeanor penalties and fines. The decision affirms the State’s ability to set safety rules for protecting municipal water sources.